Motion-Secondary: ANDREW HARBAUGH, INDV., E-O JOHN HARBAUGH vs. SOUTHWEST GENERAL, ET AL.

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                                NAILAH K. BYRD
                                    CUYAHOGA COUNTY CLERK OF COURTS
                                                     1200 Ontario Street
                                                    Cleveland, Ohio 44113




                                              Court of Common Pleas


                                                BRIEF IN OPPOSITION
                                                November 30,2023 12:09


                                               By: ERIC HENRY 0086750

                                               Confirmation Nbr. 3029902



  ANDREW HARBAUGH, INDV., E-0 JOHN                                          CV 23 975038
  HARBAUGH

           vs.
                                                                  Judge: SHIRLEY STRICKLAND SAFFOLD
  SOUTHWEST GENERAL, ET AL.




                                                     Pages Filed: 2




Electronically Filed 11/30/2023 12:09 / BRIEF / CV 23 975038 / Confirmation Nbr. 3029902 / CLSLP
                                    IN THE COURT OF COMMON PLEAS
                                        CUYAHOGA COUNTY, OHIO

     ANDREW HARBAUGH, individually and )                       Case No: CV 23 975038
     as administrator of the ESTATE OF JOHN)
     HARBAUGH,                              )                  JUDGE SHIRLEY STRICKLAND
                                            )                  SAFFOLD
                                            )
                Plaintiff,                  )
                                            )
            v.                              )                  PLAINTIFF’S BRIEF IN OPPOSITION
                                            )                  TO DEFENDANT SHAH’S MOTION
     SOUTHWEST GENERAL, ET AL.             )                   FOR ORAL HEARING ON PENDING
                                            )                  MOTIONS
                                            )
                 Defendants.                )


             Plaintiff, by and through counsel, submits his Brief in Opposition to Defendant Shah’s

     Motion for oral hearing on pending motions.

             Defendant Shah and the other Defendants through “me too” motions, set forth an

     unsupported spoliation claim – seeking dismissal of the matter. Plaintiff timely responded in his

     Brief in Opposition and Defendants can file a reply brief.

             Defendant Shah requests an oral hearing of the facts and evidence already presented to this

     Court numerous times.1 Defendant Shah’s motion is made for purposes of further delay, and to

     produce his own narrative record to appeal any ruling not in his favor. An oral hearing is not

     required for this Court to make its ruling on the facts and evidence presented to the Court.




     1Defendant’s Motion for oral hearing on Motions 1 and 2 are moot as this Court has already issued its Order re the
     same.

Electronically Filed 11/30/2023 12:09 / BRIEF / CV 23 975038 / Confirmation Nbr. 3029902 / CLSLP
                                                     Respectfully submitted,


                                                     /s/ Eric W. Henry
                                                     Eric W. Henry, Esq. (0086750)
                                                     Katherine S. Knouff (0085566)
                                                     The Henry Law Firm
                                                     8401 Chagrin Road, Suite 18
                                                     Chagrin Falls, Ohio 44023
                                                     440-337-0083 Telephone
                                                     440-337-0084 Facsimile
                                                     eric@erichenrylaw.com
                                                     Kathie@erichenrylaw.com

                                                    Attorneys for Plaintiff




                                          CERTIFICATE OF SERVICE

             Counsel for Plaintiff hereby certifies that a true and accurate copy of the foregoing has

     been sent to all counsel of record via this Court’s e-filing system this 30th day of November 2023.




                                                         ERIC W. HENRY (0086750)
                                                         Attorney for Plaintiff




Electronically Filed 11/30/2023 12:09 / BRIEF / CV 23 975038 / Confirmation Nbr. 3029902 / CLSLP
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